Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Marginal note:Deemed consultation between governments re Chairperson

• 13 (1) Consultation between the two governments with respect to the selection of the Chairperson of the Board shall be deemed to commence

  • (a) six months prior to the expiration of the term of office of the incumbent Chairperson, or

  • (b) where applicable, on the date of receipt by the Board of notice of the death, resignation or termination of appointment of the incumbent Chairperson,

  whichever occurs earlier.

• Marginal note:Where no agreement on Chairperson

  (2) Where the two governments fail to agree on the appointment of the Chairperson of the Board within three months after the commencement of consultation between the governments, the Chairperson shall be selected pursuant to subsection (3) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.

• Marginal note:Selection of Chairperson of Board within 60 days

  (3) The Chairperson of the Board shall be selected, from among persons nominated by each government, by the panel within 60 days after the appointment of the chairperson of the panel.

• Marginal note:Decision of panel binding

  (4) The decision of the panel selecting a Chairperson of the Board is final and binding on both governments.

Marginal note:Absence or incapacity of Chairperson

14 The Board shall designate a member to act as Chairperson of the Board during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson.

Marginal note:Salaries of joint appointees

• 15 (1) Subject to section 12, the salary and other terms and conditions of the appointment of the Chairperson of the Board or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions.

• Marginal note:Salaries of separate appointees

  (2) The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments.

Marginal note:Conflict of interest guidelines

16 All members of the Board shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government.

Marginal note:Power to indemnify

• 17 (1) The Government of Canada shall, subject to such terms and conditions as may be prescribed, indemnify a person who is a present or former member, officer or employee of the Board, and the heirs and legal representatives of that person, against such costs, charges and expenses, including such amounts paid to settle an action or satisfy a judgment, reasonably incurred in respect of any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, as may be prescribed.

• Marginal note:Both Governments share costs of indemnification

  (2) Where the Government of the Province has indemnified a person referred to in subsection (1) or the heirs or legal representatives of that person pursuant to subsection 17(1) of the Provincial Act, the Government of Canada shall, subject to such terms and conditions as may be prescribed, pay to the Government of the Province one-half of the amount of the indemnity.

• Marginal note:Payable out of Consolidated Revenue Fund

  (3) Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.

• Marginal note:Regulations

  (4) Subject to section 6, the Governor in Council may make regulations prescribing anything that by this section is to be prescribed.

Functions of Board

Marginal note:Functions of Board

• 18 (1) The Board shall, in addition to performing the duties and functions conferred or imposed on the Board by or pursuant to this Act, perform such duties and functions as are conferred or imposed on it by the Accord, to the extent that such duties and functions are not inconsistent with this Act or any regulations made thereunder.

• Marginal note:Proposed amendments

  (2) The Board may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act, any regulations made under those Acts and to any other legislation relating to petroleum resource activities in the offshore area.

Marginal note:Access to information by governments

• 19 (1) The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource activities in the offshore area that is provided for the purposes of this Act or any regulation made thereunder and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation.

• Marginal note:Applicable provision

  (2) Section 122 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof.

• Marginal note:Summary of applications of fundamental decisions to Ministers

  (3) The Board shall require every person who makes an application in respect of which a fundamental decision is to be made by the Board to give, forthwith after making the application, a written summary of the application to both Ministers.

Administration

Marginal note:Location of offices and staff

20 The principal office and staff of the Board shall be located in the Province.

Marginal note:Storage of information

• 21 (1) The Board shall have responsibility for the storage and curatorship, in a facility in the Province, of all geophysical and geological records and reports, reports respecting wells and materials recovered from wells in the offshore area and, without limiting the generality of the foregoing, drill cuttings, fluid samples, hydrocarbon samples and cores recovered from wells in the offshore area.

• Marginal note:Board to furnish samples to Ministers

  (2) The Board shall, at the request of the Federal Minister or the Provincial Minister,

  • (a) furnish that Minister with a sample of any material referred to in subsection (1), or

  • (b) where it is not possible to produce a sample of such material, provide that Minister with all or a portion of such material, subject to it being returned to the facility referred to in subsection (1),

  if the material is to be permanently retained at the facility referred to in subsection (1).

Marginal note:Meetings of Board

22 The Board shall meet

• (a) once every two months unless the members of the Board unanimously agree to defer the meeting; and

• (b) at any other time

  • (i) at the call of the Chairperson of the Board,

  • (ii) on the request of any two members of the Board, or

  • (iii) on the request of the Federal Minister or the Provincial Minister to review any matter referred to the Board by that Minister.

Marginal note:Quorum

• 23 (1) Three members of the Board constitute a quorum of the Board.

• Marginal note:Majority vote

  (2) Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the Board, the decision shall be made on the basis of a majority vote of the members of the Board.

Marginal note:By-laws and guidelines

24 Subject to this Act and the Accord, the Board may

• (a) make by-laws respecting

  • (i) the members, officers and employees of the Board,

  • (ii) the attendance and participation, including voting rights, at meetings of the Board of alternate members of the Board appointed pursuant to subsection 10(3),

  • (iii) the manner of appointing the officers and employees of the Board on the basis of selection according to merit, including the holding of open competitions for appointments,

  • (iv) the procedures to be followed in the performance of any of the duties and functions of the Board,

  • (v) the conduct of meetings of the Board,

  • (vi) the manner of dealing with matters and business before the Board, and

  • (vii) generally, the carrying on of the work of the Board and the management of the internal affairs thereof; and

• (b) establish conflict of interest guidelines respecting persons employed by the Board pursuant to subsection 26(1).

Marginal note:Chief Executive Officer

• 25 (1) There shall be a Chief Executive Officer of the Board who

  • (a) where both the Federal Government and the Provincial Government appoint the Chairperson as Chief Executive Officer, is the Chairperson of the Board; or

  • (b) in any other case, is to be appointed by the Board by means of an open competition.

• Marginal note:Approval required

  (2) The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments.

• Marginal note:Panel to choose Chief Executive Officer in the absence of agreement

  (3) Where either government fails to make an appointment pursuant to paragraph (1)(a) or to approve the appointment of a Chief Executive Officer pursuant to paragraph (1)(b), the Chief Executive Officer shall be appointed by both the Federal Government and the Provincial Government after having been selected pursuant to subsection (4) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chief Executive Officer by the panel, the two governments agree on the appointment.

• Marginal note:Selection within sixty days

  (4) The Chief Executive Officer shall be selected, from among persons nominated by each government, by the panel within sixty days after the appointment of the chairperson of the panel.

• Marginal note:Decision of panel binding

  (5) The decision of the panel selecting a Chief Executive Officer is final and binding on both governments.

• Marginal note:Application of subsection

  (6) Subsection 15(1) applies, with such modifications as the circumstances require, to the appointment of the Chief Executive Officer pursuant to paragraph (1)(a) or subsection (3).

• Marginal note:Absence or incapacity of Chief Executive Officer

  (7) The Board shall designate a person to act as Chief Executive Officer during any absence or incapacity of that Officer or vacancy in the office of Chief Executive Officer and that person, while acting as Chief Executive Officer, has and may exercise all the powers and perform all of the duties and functions of that office.

Marginal note:Staff of the Board

• 26 (1) The Board may, on the recommendation of the Chief Executive Officer, employ such other officers and such employees as are necessary to properly perform the duties and functions of the Board under this Act and the Accord.

• Marginal note:Method of selection

  (2) The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit.

• Marginal note:Presumption

  (3) Except as provided in subsection (4), no person employed pursuant to subsection (1) shall, by virtue of that employment, be considered to be employed in the federal public administration or the public service of the Province.

• Marginal note:Mobility of staff

  (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,

  • (a) any person who, immediately prior to being employed by the Board, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Energy, Mines and Resources in the location where that person is performing duties for the Board and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Board; and

  • (b) any person who, immediately prior to being employed by the Board, was not employed in the public service shall, two years after being employed by the Board, be deemed to be a person employed in the public service in the Department of Energy, Mines and Resources in the location where that person is performing duties for the Board and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Board.

• Marginal note:Application of Nova Scotia legislation

  (4.1) Nova Scotia social legislation as defined in subsection 210.001(1), the provisions of the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, and the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c. 7, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).

• Marginal note:Non-application of Canada Labour Code

  (4.2) Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code, that Act does not apply to persons employed under subsection (1).

• Marginal note:Definition of public service

  (5) In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act.

Marginal note:Auditor

27 The Board shall appoint an auditor, for such term as is set by the Board, for the purposes of auditing the financial statements of the Board.

Marginal note:Audit and evaluation committee

• 27.1 (1) The Board shall appoint an audit and evaluation committee consisting of not fewer than three members of the Board and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.

• Marginal note:Internal audit

  (2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Board act in accordance with management systems and controls established by the Board.